The family of Raymond Garcia, who was shot and killed by Greeley police May 21 during a prostitution sting, will host a protest from 1-3 p.m. Saturday in front of the Greeley Police Department, 2875 10th St. in Greeley.

Related Media

Weld District Attorney Ken Buck has determined that three Greeley police officers were justified in shooting and killing 31-year-old Raymond Garcia during a May prostitution sting at a Greeley hotel.

In a report released Friday, Buck cited an investigation by his office into the shooting to determine whether officers would face charges in Garcia’s death.

In the report, Buck notes Garcia was shot seven times in his head and torso with .45-caliber rounds. A total of 17 shell casings were found at the scene, and all were Federal .45 Auto Plus P rounds, which are the kind used by Greeley police officers.

Garcia’s mother, Sylvia Clapham, said officers did not need to shoot Garcia as many times as they did because he was already injured in a previous incident.

“To shoot my son the way they did was totally uncalled for,” Clapham said. “He was shot before. ... One shot or two shots would have taken him down.”

A toxicology screening noted in the report also found Garcia had 270 ng/mL of amphetamines and 1,700 ng/mL of methamphetamines in his blood at the time of his death, which Buck described as a large amount.

According to the report, Garcia was dropped off by a car about 5:30 p.m. May 21 at the Comfort Inn, 2467 29th St. in Greeley. Garcia entered room 107 with a black laptop carrying case, which he set on the floor of the room, according to the report.

Although police had the hotel room wired with audio and video recording devices, Garcia walked to a part of the room where he was not visible on the surveillance camera, according to the report.

Garcia then spoke with an undercover police officer posing as a prostitute, discussing the use of controlled substances and stating he brought controlled substances with him, according to the report. He also suggested he could sell some to the undercover officer following sexual acts, according to the report.

Garcia talked with the officer for about 15 minutes, according to the report, repeatedly expressing concern that she was an undercover officer.

About 5:45 p.m., Garcia put a $100 bill on a nightstand next to the bed. The officer then gave a signal to Greeley police and entered the hotel room’s bathroom.

Four Greeley police officers waiting in an adjacent room entered Garcia’s room single-file, according to the report. The first and third officers did not have weapons in their hands when they entered the room, but the second officer carried a Tazer and the fourth officer carried a firearm, according to the report.

The first officer in the room said, “Police. Let me see your hands,” according to the report, and the officer reported making eye contact with Garcia and seeing him reach for a gun in his waistband.

The second officer in the room reported seeing Garcia with a gun in his hand and the officer fired his Tazer at Garcia’s head, according to the report, but the Tazer had no effect. After firing the Tazer, the second officer ducked down and dove onto the bed, according to the report, drawing his handgun but not firing it.

The first officer in the room told investigators Garcia turned his attention to the officer with the Tazer and lifted his handgun in the officer’s direction, according to the report. The first officer in the room then drew his gun and began firing at Garcia, according to the report.

The third officer in the room drew his gun as he entered, according to the report, and said he fired two to three shots at Garcia when he saw him reach for a gun in his waistband.

The last officer in the room entered with his handgun drawn, according to the report, and began firing at Garcia when he saw Garcia raising a gun toward the other officers.

Garcia was pronounced dead at the scene, according to the report, and a .45-caliber Model JHP semi-automatic Hi-Point handgun was found next to his body. There was not a round in the gun’s chamber, according to the report, but the gun’s magazine did contain eight rounds of ammunition.

Buck notes in the report that a police officer can only use deadly force when “he reasonably believes it necessary … to defend himself or a third person from what he reasonably believes to be the use or imminent use of deadly physical force.” According to Buck’s report, those conditions were met in Garcia’s case.

“Garcia immediately pulled a handgun from his waistband and began pointing it in the direction of officers as they entered the room,” Buck notes in the report. “Officers #1, #2 and #3 reasonably believed at the time they fired their weapons, based on all of the surrounding facts and circumstances known to them, that they or other officers were in imminent danger of death or serious bodily injury.”

Although 17 rounds were fired by Greeley police officers, Buck said the immediate public safety concern after the incident was whether any officers had been injured.

“When three officers are firing, none of them know how many shots the others have fired,” he said. “I think when someone is told to put their hands up by uniformed police officers it’s unlikely they’re going to get a second chance.”

During the subsequent investigation, 3.7 grams of methamphetamine were found wrapped in a napkin in Garcia’s left front pants pocket, according to the report. Additionally, a half gram of meth, 0.8 grams of cocaine and two glass pipes were found in Garcia’s laptop case, according to the report, plus a box of .45-caliber Blazer bullets and six loose .45-caliber bullets.

Garcia had three warrants for his arrest at the time of his death, according to the report, each of which were for failure to appear for court hearings.

The first warrant was related to the alleged violation of a protection order in Weld County.

The second warrant was related to a motions hearing in Weld for charges of possession of a controlled substance with intent to distribute, attempting to influence a public servant and possession of a weapon by a previous offender. Garcia was listed on the Weld County’s Most Wanted website in relation to that warrant.

The third warrant was related to a status conference in Boulder County for an alleged violation of the Colorado Organized Crime Control Act.

Garcia’s case is the 15th investigated by Buck’s office since his election in 2004. Buck has found all 15 shootings justified, and no charges have been filed against any of the officers involved in any of the 15 cases.

“Obviously it’s sad when a situation like this occurs. It’s hard on the deceased’s family and officers,” Buck said. “But we’re going to defend officers when they act appropriately to defend themselves.”